Trenton Mutual Life & Fire Insurance v. Johnson
Supreme Court of New Jersey
This case was tried before Justice Nevius at the October term, 1851, of the circuit court of tbe county of Middlesex, when a bill of exceptions was taken to his ruling, the particulars of which sufficiently appear in the opinion of the court. Lupp and W. L. Dayton, for the plaintiffs in error, insisted : First. The court erred in overruling the testimony of Sheppard. Mr. Van Middlesworth was asked and answered the same question. Hearing was admissable as to this matter.
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This case was tried before Justice Nevius at the October term, 1851, of the circuit court of tbe county of Middlesex, when a bill of exceptions was taken to his ruling, the particulars of which sufficiently appear in the opinion of the court. Lupp and W. L. Dayton, for the plaintiffs in error, insisted : First. The court erred in overruling the testimony of Sheppard. Mr. Van Middlesworth was asked and answered the same question. Hearing was admissable as to this matter. Besides, have you heard, might mean have you heard Van Middlesworth himself say so. Second. It was error to charge that the…
1Opinion of the CourtElmer, J.
This was an action of assumpsit, upon a policy of insurance on the life of one John W. Van Middlesworth, appended to which was a statement of particulars marked A, containing, among other things, a statement that he had not been afflicted since his childhood with ruptures» fits, dropsy, &c., and that he had not been afflicted during the last seven years with any severe or constitutional disease; and there was an express declaration signed by the insured, that the said statement was correct, and an agreement that if any untrue or fraudulent allegation was contained therein, then all moneys…
2Cases cited5 opinions
- Lord v. DallMassachusetts Supreme Judicial Court · 1815
- Amory v. GilmanMassachusetts Supreme Judicial Court · 1806
- Buchanan v. Ocean Insurance Co.New York Supreme Court · 1826
- Collamer v. DaySupreme Court of Vermont · 1829
- Lloyd v. LeisenringSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Sun Life Assurance Company of Canada v. Wells Fargo Bank NA (080669) (Statewide)Supreme Court of New Jersey · 2019
- Mutual Savings Life Insurance Company v. NoahSupreme Court of Alabama · 1973